S.I. No. 573/2005 - Natural Heritage Area (Derrynagran Bog and Esker NHA 001255) Order 2005


S.I. No. 573 of 2005 .

Natural Heritage Area (DERRYNAGRAN BOG AND ESKER NHA 001255) Order 2005

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 18 of the Wildlife (Amendment) Act 2000 (No. 38 of 2000) (as adapted by the Environment and Local Government (Alteration of Name of Department and Title of Minister Order 2003 ( S.I. No. 233 of 2003 ))), having complied with section 16 of that Act and after considering any objections made in relation to the relevant notice served under section 16(2)(b) of that Act hereby orders as follows:

1.        This Order may be cited as the Natural Heritage Area (Derrynagran Bog and Esker NHA 001255) Order 2005 and comes into operation on 20th September, 2005.

2.        In this Order “Act” means the Wildlife (Amendment) Act 2000 (No. 38 of 2000).

3.        The area of land comprising that part of Derrynagran Bog and Esker in the townlands of Cloonagh (Ballymoe By), Cloonkeen Eighter and Derrynagran in the County of Galway (being the land enclosed on the map (contained in Schedule 1 to this Order) within the inner margin of the green line and hatched thereon in green) is designated a natural heritage area.

4.        (1) Subject to sub-article (2) of this article, each of the works mentioned in Schedule 2 is specified for the purposes of section 19(1) of the Act and is unlawful unless carried out with the consent of the Minister.

(2)  In respect of the works specified at paragraphs 19 to 22 of Schedule 2, there is no requirement to obtain the consent of the Minister if the said works are licensed by, or subject to the permission of another Minister or Public Body.

Schedule 1

Maps

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Schedule 2

Works specified for the purposes of section 19 (1) of the Act.

1.  Peat extraction

2.  Drainage works or water abstraction affecting the hydrology of the site

3.  Alteration of the banks, channel, bed or flow of a lake, pond, canal or watercourse

4.  Burning areas of vegetation

5.  Reclamation, infilling, ploughing or other cultivation

6.  Reseeding, planting of trees or any other species

7.  Cutting trees, scrub, reeds; removal of timber or other vegetation

8.  Grazing of livestock on uncut raised bog

9.  Changing of traditional use from hay meadow (to either grazing or silage making), or from grazing to silage cutting

10. Dumping, burning or storing any materials

11. Introduction (or re-introduction) into the wild of plants or animals of species not currently found in the area

12. Use of any pesticide or herbicide, including sheep dip

13. Adding lime or fertiliser to previously untreated areas

14. Any activity that may cause pollution or eutrophication

15. Recreational use of mechanically propelled vehicles

16. Operation of commercial recreation activities

17. Stocking with fish

18. Deliberate scaring or disturbance of wildfowl

19. Developing leisure facilities including golf courses, sports pitches, caravan or camping facilities

20. Removal of rock, soil, mud, gravel, sand or minerals

21. Construction of roads, new tracks or paths, car-parks or other infra-structural development

22. Construction of fences, buildings or embankments

GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government this 20th day of September 2005.

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DICK ROCHE T.D.

_____________________

Minister for the Environment,

Heritage and Local Government

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation)

The Order recognises part of the lands known as Derrynagran Bog and Esker Bog Cloonagh (Ballymoe By), Cloonkeen Eighter and Derrynagran in the County of Galway as a Natural Heritage Area under the Wildlife (Amendment) Act 2000 .